26.13.10.25

.25 Petitions to Include Other Wastes as Universal Wastes.

A. General Requirements.

(1) A person seeking to add a hazardous waste or a category of hazardous waste to the universal waste regulations of COMAR 26.13.10.06—.25 may petition for a regulatory amendment under this regulation and COMAR 26.13.01.04A and J.

(2) General requirements relating to these petitions are established in COMAR 26.13.01.04J.

B. Evaluative Factors for Petitions to Include Other Wastes as Universal Wastes. In considering whether to grant or deny a petition to add a hazardous waste or a category of hazardous waste to the universal waste regulations of Regulations .06—.25 of this chapter, the Secretary shall consider:

(1) The extent to which:

(a) The waste or category of waste, as generated by a large variety of generators, is listed as a hazardous waste in COMAR 26.13.02.15—.19;

(b) A proportion of the waste stream as generated by a large variety of generators, if not listed as a hazardous waste in COMAR 26.13.02.15—.19, exhibits one or more of the characteristics of hazardous waste identified in COMAR 26.13.02.10—.14;

(c) The waste or category of waste is:

(i) Not exclusive to a specific industry or group of industries; and

(ii) Commonly generated by a wide variety of types of establishments, including, for example, households, retail and commercial businesses, office complexes, small quantity generators, small businesses, government organizations, and large industrial facilities;

(d) The waste or category of waste is:

(i) Generated by a large number of generators; and

(ii) Frequently generated in relatively small quantities by each generator;

(e) Systems to be used for collecting the waste or category of waste, including packaging, marking, and labeling practices, would ensure close stewardship of the waste;

(f) The risk posed by the waste or category of waste during accumulation and transport is relatively low compared to other hazardous wastes;

(g) Specific management standards proposed or referenced by the petitioner, such as waste management requirements appropriate to be added to Regulations .12—.16 of this chapter, Regulation .20 of this chapter, Regulation .22C of this chapter, or applicable U.S. Department of Transportation requirements, would be protective of human health and the environment during accumulation and transport;

(h) Regulation of the waste or category of waste under Regulations .06—.24 of this chapter will increase the likelihood that the waste will be diverted from nonhazardous waste management systems, such as the municipal waste stream, nonhazardous industrial or commercial waste stream, municipal sewer or stormwater systems, to recycling, treatment, or disposal in compliance with Subtitle C of RCRA; and

(i) Regulation of the waste or category of waste under Regulations .06—.24 of this chapter will improve implementation of and compliance with the hazardous waste regulatory program; and

(2) Any factors in addition to those identified in §B(1) of this regulation that may be appropriate.